Harshada Pradipkumar Sapkale v. State Of Maharashtra Thru Secretary, Tribal Development Dept. And ORS
* 1/13 * WP-5348-2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5348 OF 2019 Harshada Pradipkumar Sapkale
...Petitioner
: V E R S U S :
1. State of Maharashtra Through its Secretary, Tribal Development Department.
2. Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane through its Member Secretary.
3. Directorate of Technical Education, Maharashtra.
4. Vidyalankar Polytechnic.
Wadala, through its Principal.
...Respondents
**** Mr. Ramchandra K. Mendadkar, Advocate for the petitioner.
* 2/13 * WP-5348-2019 Ms. Reema Salunkhe, AGP for respondents no.1 to 3. CORAM :
CORAM :
S.C. DHARMADHIKARI, & S.C. DHARMADHIKARI, & SANDEEP K. SHINDE, JJ.
SANDEEP K. SHINDE, JJ.
Order Resd. On : Thursday, 18 Order Resd. On : Thursday, 18th th July, 2019.
July, 2019.
Order Pron. On : Monday, 22 Order Pron. On : Monday, 22nd nd July, 2019.
July, 2019.
P.C.( P.C.( Per : Sandeep K. Shinde, J Per : Sandeep K. Shinde, J ) :
) :
1.
This petition under Article 226 of the Constitution of India, seeks to challenge the legality, validity and propriety of the order dated rd April, 2019 passed by respondent no.2-Committee invalidating the Caste Certificate of the petitioner as belonging to Koli Mahadev Scheduled Tribe. 2.
Initially, petitioner was declined Caste Certificate, however, in terms of the order dated 11th July, 2018 passed in Writ Petition No. 7331 of 2018, the Competent Authority issued Caste Certificate to
* 3/13 * WP-5348-2019 the petitioner certifying that, she belongs to KoliMahadev Schedule Tribe which is recognished as KoliMahadev Schedule Tribe. 3.
The petitioner moved the respondent no.2Committee on 25 th April, 2017 for grant of Caste Validity Certificate and submitted various documents including documents pertaining to pre-constitution period in relation to her grandfather and of his two brothers.
4.
The petitioner thereafter applied for the validation of the Caste Certificate on 16th July, 2018 and in support submitted the following documents : (i)Primary School Leaving Certificate of her paternal grandfather, Laxman Rupchand Sapkale showing his caste as a Koli-Mahadev as on 7th June, 1943.
* 4/13 * WP-5348-2019 (ii)Primary School Leaving Certificate of Gopal Rupchand Sapkale, the real brother of her grandfather, showing his caste as Koli-Mahadev as on 7 th June, 1943.
(iii) Primary School Leaving Certificate of Yamunabai Rupchand Sapkale, real sister of her grandfather, showing her caste as Koli-Mahadev as on 23 rd July, 1947.
(iv) Primary School Leaving Certificate of Bhagwat Rupchand Sapkale, brother of her grandfather (Laxman) showing his caste as KoliMahadev as on 11 th March, 2014.
(v) Affidavit of father of the petitioner, Pradeep Laxman Sapkale, affirming genealogy of the petitioner.
* 5/13 * WP-5348-2019 5.
The respondent no.2 Committee, as it appears, not being satisfied with these documents, referred the matter to the Vigilance Cell who conducted the enquiry and submitted its report dated th March, 2019 to the Scrutiny Committee. The Vigilance Cell has placed on record the extract of Primary School, D.S. Deshmukh High School, Thorgavhan, Taluka-Raver, District-Jalgaon relating to her grandfather, Laxman Sapkale and brother of grandfather, Gopal Sapkale. The extract is at page-51 of the petition. It shows that Gopal Sapkale (grandfather of the petitioner) was admitted in the School on 7 th June, 1943 and in the caste column, his caste is shown as Hindu-Koli (Mahadev). Likewise, in relation to Laxman Sapkale (brother of Gopal), extract shows, he was admitted in the School on 7th June, 1943 and his caste is also shown as Hindu-Koli (Mahadev). In the last column of the extract, there is a remark against the name of Gopal Sapkale, as well
* 6/13 * WP-5348-2019 as, Laxman Sapkale. In the remark column, it is stated thus, [Mahadev] E.I.C.D'S No.5-8(5) s "
8.7.46 and a similar remark has been shown as against "
Laxman Sapkale's name. To appreciate the contention of the petitioner, the extract is reproduced hereinbelow :
Sr no Reg.No Book No.
Student Name Caste Place of Birth Date of Birth Date of Admissi on in school and Standar d Remark 1 106/2 Sapkale Gopal Hindu Koli (Mahadev) Chinawal 24.4.1930 7.6.43 Mahadev E.g.C D.S.No.
5.8(5)5 8.7.46 Rupachand IVTH 2 107/2 Sapkale Hindu Koli [Mahadev] Faizpur 1.2.1932 7.6.43 IIND Mahadev E.g.C.
D.S.No.
5.8(5)5 8.7.46 Laxman Rupachand Above two students School Admission Entry was on 7/6/53 [Mahadev]. This entry on 8.7.46 was with different ink.
6.
The Vigilance Cell has also produced the
* 7/13 * WP-5348-2019 extract of School record in relation to Yamunabai Rupchand Sapkale (sister of petitioner's grandfather). It is at page-55. It shows, Yamunabai was born on 8 th August, 1935 and admitted in the School at Savda, Taluka-Raver, District-Jalgaon on 23rd July, 1947. In the caste column, her caste is shown as Hindu-Mahadev-Koli. Yet another extract of school record in relation to Bhagwat Rupchand Sapkale (brother of petitioner's grandfather) shows, Bhagwat Sapkale was born on 12th June, 1937 and was admitted in the School at Savda, Taluka-Raver, District-Jalgaon on 11 th March, 1949. His caste in the extract is shown as Hindu-Mahadev-Koli.
7.
It may be stated that, all the aforesaid four extracts are certified by the Head-Master as the true copies which were drawn on the basis of the Register maintained by the School.
* 8/13 * WP-5348-2019 8.
So far as the extract which is reproduced hereinabove is concerned, it may be stated that, there is an endorsement which reads that Gopal and Laxman were admitted in the School on 7th June, 1943; however, the word Mahadev has been added in caste "
"
column on 8 th July, 1946 and that too in different shade of ink.
9.
The Committee upon appreciating the school record of the grandfather of the petitioner as well as his brother, was impressed by the endorsement made by the Headmaster which says; Gopal and Laxman (Grandfather of the petitioner and his brother) were admitted in the school in June, 1943 but word Mahadev came to be added in July, 1946 and that too "
"
in different shade of ink. The Committee thus reached the conclusion that the School records have been tampered with and word Mahadev has been "
"
interpolated. The Committee thus discarded school
* 9/13 * WP-5348-2019 record of Gopal and Laxman though it pertains to preindependence period. 10.
Mr. Mendadkar, learned Counsel for the petitioner submits that the aforesaid school record since pertaining to pre-constitutional period, it has higher probative value, however, without assigning any cogent and convincing reason, the Committee erroneously discarded it. He further submits that the impugned order is arbitrary, against the settled law and therefore it may be quashed and set aside.
11.
We have perused the record. The extract of Primary School Record of Gopal, Laxman, Bhagwat and Yamunabai produced by the Vigilance Cell show entries in relation to their birth, admission in the school were made before 6 th September, 1950 i.e.
before Constitution (Scheduled Tribes) Order, 1950.
Rane * 10/13 * WP-5348-2019 The Committee overlooked the fact that the word Mahadev has been added in the caste column in "
"
relation to Gopal and Laxman in view of the approval granted by the authority, as evident from the remark, [Mahadev] E.I.C.D'S No.5-8(5) s 8.7.46. Thus the "
"
conclusion reached by the Committee that the word Mahadev which has been interpolated, is nothing but "
"
conjecture and surmise. The Committee equally failed to appreciate that the addition of word Mahadev being made in 1946 would obviously be in "
"
different ink in contrast to the other entries made in the year 1943 when Gopal and Laxman were admitted in the school. More so, the Committee without assigning reasons kept entries in relation to the school record of Bhagwat and Yamunabai out of consideration, made in the year 1948 and 1950 respectively, which discloses their caste as Hindu-Mahadev-Koli. We are unable to understand, as to why, Yamunabai's school particulars were kept out of consideration. Thus,
Rane * 11/13 * WP-5348-2019 upon consideration of the facts and the evidence on record, in our view, the conclusion reached by the Committee for discarding these four preconstitutional documents is unfounded and contrary to the evidence on record.
. In the case of Anand Versus. Committee for Scrutiny And Verification of Tribe Claims and Others, reported in (2012) 1 SCC 113, the Apex Court has held that, pre-constitutional documents will have higher degree of probative value while considering the claim of the candidate.
12.
The Committee thus failed to appreciate the probative value of these four documents and incorrectly invalidated the petitioner's claim. 13.
Thus, for the reasons stated the impugned order is quashed and set aside and the Committee is directed to validate the caste claim of the
Rane * 12/13 * WP-5348-2019 petitioner as she belongs to the Koli-Mahadev Schedule Tribe.
14.
This petition was filed on 15th April, 2019 when the petitioner was about to appear for final year Diploma Course of Computer Engineering. Petitioner passed the Diploma on 13 th June, 2019 and now seeks admission in the Direct Second Year of Full Time Under Graduate Degree course. As per the admission notice dated 9 th July, 2019 issued by the State Common Entrance Cell, M.S. Mumbai, she has to submit the Caste Validity Certificate on/or before 22 nd July, 2019 failing which she would not be considered for admission of the course.
15.
Thus, taking into consideration the deadline for submitting the Validity Certificate, we uphold the caste claim of the petitioner and accordingly validate her claim as she belongs to
Rane * 13/13 * WP-5348-2019 Koli-Mahadev Schedule Tribe and direct the respondent no.2-Committee to issue appropriate Certificate within two days. That since the petitioner has applied for Second Year Engineering Degree Course and for securing the admission, she has to submit her Validity Certificate before 22nd July, 2019. We direct the authority concerned i.e. the State Common Entrance Cell, Maharashtra State to act on authenticated copy of this order.
16.
The petition is allowed in the aforesaid terms.
(SANDEEP K. SHINDE, J) (S.C. DHARMADHIKARI,J)